Disposed

Manikandan v. State of Kerala

Kerala HC16 Jun 2016Bail Appl./3404/2016

Case brief

AI extract

What is this about?

The High Court of Kerala refused pre-arrest bail to the accused in a case involving alleged sexual assault on a minor. The court held custodial interrogation necessary and warned of the possibility of victim influence, directing the accused to surrender for regular bail before a Magistrate or Special Court.

What did the court decide?

Pre-arrest bail refused; petitioners directed to surrender to Investigating Officer to approach Magistrate or Special Court for regular bail.

Manikandan Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938

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Bail Appl..No. 3404 of 2016 ()

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CRIME NO. 176/2016 OF SANTHANPARA POLICE STATION, IDUKKI DISTRICT.

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PETITIONER/ACCUSED:

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MANIKANDAN, AGED 44 YEARS, S/O. THANKAPPAN, KUMARABHAVAN, SURYANELLY KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

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BY ADV. SRI.BIJU .C. ABRAHAM.

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2016, ALONG WITH BA.3458/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P.UBAID, J.

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- - - - B.A.No. 3404 & 3458 of 2016

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Dated this the 16^th day of June, 2016

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ORDER

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The petitioner in B.A.No. 3404 of 2016 is the first accused in Crime No.176 of 2016 of Santhanpara Police Station, registered under Section 506(ii) read with Section 34 of the Indian Penal Code, and Sections 7, 8 & 11(iii) read with Section 12 and 18 of the Protection of Children from Sexual Offences Act. The victim of offence in this case is a girl aged 16 years. The petitioner in B.A.No. 3458 of 2016 is the second accused, who is none other than the mother of the victim.

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This is a case where a minor girl was allegedly molested and sexually assaulted or abused by the first accused with the active support and connivance of her own mother. In the nature of the allegations, I feel it not appropriate to grant pre-arrest bail to the petitioners. I find that their custodial interrogation is absolutely necessary in this case for the collection of some material concerning

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B.A.No. 3404 & 3458 of 2016

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-2-

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them. There is also the possibility of the victim being influenced or won over by the petitioners, if they are released. However, if the petitioners so opt, they can very well surrender before the Investigating Officer, and thereafter approach the learned Magistrate or the Special Court having jurisdiction, as the case may be, for regular bail.

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Thus, giving such liberty to the petitioners to surrender, if they so opt, and to approach the learned Magistrate or the Special Court having jurisdiction, as the case may be, for regular bail, these two applications are disposed of.

Sd/-

P.UBAID

//True copy//

P.A. to Judge

Manikandan v. State of Kerala

Case brief

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Manikandan v. State of Kerala

Case brief

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